PAWSIBILITIES VET MED TERMS OF USE
This document was last updated on September 10, 2023.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE OUR WEBSITES OR SERVICES
Welcome! Pawsibilities Vet Med is a 501(c)(3) registered not-for-profit in the State of North Carolina that aims to improve the veterinary profession's recruitment and retention of underrepresented groups. These Terms of Services explain the rules for your use of our Websites and Services.
Our “Terms of Service” is comprised of the following agreements:
- Website Terms of Use
- Terms of The Pawsibilities Platform Membership
Please read these Terms of Service carefully because they form a legally binding agreement between you and Pawsibilities Vet Med. If you have any questions, please don’t hesitate to contact us at contact@pawsibilitiesvetmed.com.
By using our Websites or Services, whether made available for purchase or not, you are agreeing to the following Terms of Services (comprised of the Website Terms of Use and Terms of The Pawsibilities Platform Membership - collectively referred to as “Terms of Service”), our Privacy Policy, and any other agreement that governs your use of our Websites or Services (collectively, “Agreements”). If you do not agree with the terms and conditions contained in these Agreements, you may not use our Websites or Services.
PARTIES
The parties referred to in these Terms of Service are as follows:
- Pawsibilities Vet Med, we, us, our: Pawsibilities Vet Med (a North Carolina non-profit
organization) and our affiliates and subsidiaries - you, your, user: all website visitors, members of The Pawsibilities Platform Membership, clients,
customers, and all other users of the Websites or Services
WEBSITES
The term “Websites” refers to www.pawsibilitiesvetmed.com, www.pawsibilitiesvetmednetwork.com, and affiliated domains.
SERVICES
On these Websites, we provide information related to the subject of recruitment and retention of underrepresented groups in the veterinary profession, and we offer various products and services, including but not limited to The Pawsibilities Platform Membership (“The Platform”) which includes an online community to facilitate professional networking among members of The Platform and an online service to post and search employment opportunities; digital or downloadable resources; in-person and online events, training, one-on-one or group coaching, mentoring, networking, workshops, programs, or private forums (collectively “Services”) whether offered or hosted by Pawsibilities Vet Med or a third-party on behalf of Pawsibilities Vet Med.
WEBSITE TERMS OF USE
1. ELIGIBILITY AND ABILITY TO ACCEPT THESE TERMS OF SERVICE
To use our Websites or Services, you must have the requisite power and authority to enter into these Terms of Service.
UNDER 13 YEARS OF AGE - YOU CAN NOT USE OUR WEBSITES AND SERVICES
You must be 13 years or older to use our Websites or Services. Children under 13 years of age are prohibited from using our Websites or Services for any purpose.
13 TO 17 YEARS OF AGE - YOU NEED PARENT OR GUARDIAN SUPERVISION AND ACCEPTANCE OF THESE TERMS OF SERVICE
If you are 13 to 17 years of age, you must have a parent or guardian review and accept these Terms of Service before you start using our Websites or Services.
If you are a parent or guardian permitting a person 13 to 17 years of age to create an account or use the Websites or Services, you agree to:
- supervise your child’s use of the Websites and Services and your child’s account;
- assume all risks associated with, and liabilities resulting from, your child’s use of the Websites and
Services and their account; - ensure that the content on the Websites and in the Services is suitable for your child;
- ensure all information submitted to us by your child is accurate; and
- provide the consents, representations and warranties contained in the Terms of Service on your
child’s behalf.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA")
These Terms of Service and our Privacy Policy are designed to comply with COPPA. We do not knowingly collect personal information from a child under 13. If we learn that we have collected personal information directly from a child under age 13, we will delete that information as quickly as possible. If a parent or guardian becomes aware that their child has provided us with information without their consent, please contact us at contact@pawsibilitiesvetmed.com.
USE ON BEHALF OF A BUSINESS OR OTHER ENTITY
If you are using our Websites or Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms of Service, and you agree to these Terms of Service on behalf of that business or entity (and all references to “you,” “your” and “user” in theseTerms of Service will mean both you as the end-user and that business or entity).
2. CREATINGANACCOUNTINFORMATION, USERNAME, AND PASSWORD
To access or use our Websites or Services (including but not limited to The Platform), you may have to register an account. This means you’ll have to create a username and password. You represent and warrant that any information you provide is accurate and that you’ll update information should there be any changes. You acknowledge and agree that the information you provide will be used and protected under our Privacy Policy.
PERSONAL USE ONLY; YOU ARE RESPONSIBLE
Your account is for your personal use only. You may not authorize others to use your account. You may not share your account. Please keep your password secure because you are responsible for any activities associated with your account and may be held liable for any losses arising out of such a failure. You agree to immediately notify Pawsibilities Vet Med of any unauthorized use of your account of which you are aware.
3. INTELLECTUAL PROPERTY RIGHTS
A. OUR INTELLECTUAL PROPERTY
WE OWN OUR WEBSITES, SERVICES AND CONTENT
The Websites and Services contain intellectual property owned by Pawsibilities Vet Med and by third- parties that license the content to us, including but not limited to trademarks, copyrights, proprietary information, and other intellectual property rights, as well as business name, logo, designs, text, videos, audio files, graphics, images, documents, data, software, other files, and the look and feel of all of the preceding (“Content”). You agree that you will not use our Websites, Services or Content for any unlawful or infringing purpose. Your use of our Websites, Services and access to any Content does not grant or transfer to you any rights, title or interest in and to you in relation to the Websites, Services or Content.
WE GRANT YOU A LIMITED LICENSE TO USE OUR WEBSITES, SERVICES AND CONTENT
In order to make use of the Websites, Services or Content, we grant you a license. This license is:
- individual to you only;
- non-exclusive (we may grant this license to others);
- non-transferable (you can’t give this license to someone else, i.e., you cannot share with a friendor colleague);
- non-sublicensable (you can’t re-license);
- revocable (we can cancel this license at any time); and
- for non-commercial use (i.e., you cannot sell or otherwise commercially exploit).
This license ends upon your cessation of use of our Websites, Services or Content or at the termination of these Terms of Service.
WHAT DOES THE LIMITED LICENSE ALLOW YOU TO DO WITH OUR WEBSITES, SERVICES OR CONTENT
You may: - View, download, print, or use one copy of individual pages of the Websites, Services or Content for non-commercial purposes only; or
- Email and share short snippets of our Content on your social media platforms of choice, with proper attribution, tagging our social media profile in the image and text of your post, and a link back to our Websites where possible.
WHAT YOU CAN NOT DO WITH OUR WEBSITES, SERVICES OR CONTENT
Unless you get our prior written permission, you are not allowed to: - Sell, license or otherwise use our Services or Content for commercial purposes or in any way that earns you or any third-party money;
- Reproduce, republish, share, distribute, duplicate, copy, modify, create derivative works from, perform, reverse engineer, exploit or otherwise infringe on any intellectual property rights related to our Websites, Services or Content;
- Re-post any Services or Content in their entirety somewhere else;
- Delete or alter any copyright, trademark, or other proprietary rights notices from our Websites,
Services or Content; and - Use our Websites, Services, or Content other than as permitted in these Terms of Service.
All rights not expressly granted in these Terms of Service or any express written license are reserved by us.
UNAUTHORIZED USE
If you desire to use the materials contained in our Websites, Services or Content other than as permitted in these Terms of Service, we offer licenses, starting at $5,000 each, to do so. You may inquire about licensing by sending an email to contact@pawsibilitiesvetmed.com.
Any unauthorized use of any materials contained in our Websites, Services or Content will constitute infringement.
You agree that any violation or threatened violation of the intellectual property rights in these Terms of Service would cause irreparable injury to Pawsibilities Vet Med that may not be adequately compensated by damages, entitling us to obtain injunctive relief in addition to all legal remedies.
PAWSIBILITIES VET MED MARKS
All trademarks, service marks, trade names, logos, and graphics, whether registered or unregistered, thatare included within our Websites, Services or Content (“Marks”) are trademarks or service marks ofPawsibilities Vet Med or their respective owners. You may not use any Marks without the prior written consent of Pawsibilities Vet Med.
B. USER CONTENT
YOU ARE RESPONSIBLE FOR CONTENT YOU SUBMIT OR POST
When you choose to submit, post, or otherwise share any content, including comments, posts, feedback,reviews, graphics, photos, audio, video, or other materials (“User Content”) on our Websites, through ourServices, any third-party forums operated by Pawsibilities Vet Med, social media properties, or at in- person or online events, you acknowledge that you are responsible for User Content, including its legality, reliability, accuracy, and appropriateness.
User Content must comply with the Rules of Conduct set out in these Terms of Service.
YOU GRANT PAWSIBILITIES VET MED A LICENSE TO USE YOUR CONTENT
By providing User Content, you grant Pawsibilities Vet Med a perpetual, irrevocable, worldwide, royalty- free, non-exclusive, unrestricted license to use, distribute, reproduce, modify, sell, prepare derivative works of, perform, and publicly display (a) User Content, in whole or in part, and (b) your name and likeness in connection with User Content, through any media channels, for any purpose, including commercial purposes such as advertising. Pawsibilities Vet Med does not obtain ownership of User Content.
You represent and warrant that you own or have all rights to provide User Content and have the right to grant the license granted above to Pawsibilities Vet Med and our affiliates.
You acknowledge that we have the right but not the obligation to use User Content and that we may elect to cease the use of User Content at any time for any reason.
If you do not want Pawsibilities Vet Med to use User Content, please contact us at contact@pawsibilitiesvetmed.com, and we will do our best to assist you.
C. RECORDING WAIVER; EVENT CHANGES
YOU GRANT PAWSIBILITIES VET MED A LICENSE TO RECORD OR PHOTOGRAPH
You understand that Pawsibilities Vet Med may take photos, videos or audio recordings (“Recordings”)during your use of our Services, including but not limited to events held online on digital platforms or in person. By participating in our Services, you grant Pawsibilities Vet Med a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, unrestricted license to use, distribute, reproduce, modify, sell, prepare derivative works of, perform, and publicly display (a) the Recordings, in whole or in part, and (b) your name and likeness in connection with the Recordings, through any media channels, for any purpose, including commercial purposes such as advertising. You acknowledge that we have the right but not the obligation to use the Recordings and that we may elect to cease the use of the Recordings at any time for any reason.
If you do not want Pawsibilities Vet Med to use your name and likeness in connection with a Recording, please contact us at contact@pawsibilitiesvetmed.com, and we will do our best to assist you.
For Services that include access to an event, we may replace in-person events with a digital event or reschedule an event to a future date.
NO SHARING OF OUR RECORDINGS
Unless you get our prior written permission, you are not allowed to:
- record audio or video of our Services (including but not limited to coaching calls or in-person events); or
- share our recordings.
If Pawsibilities Vet Med discovers you have done so, this will be grounds for immediate termination of your access to our Websites, Services and Content.
4. MONITORING
Pawsibilities Vet Med has the right, but not the obligation to monitor posts, comments, or material submitted by third parties. We have the right to remove or refuse to post any User Content for any or no reason at our sole discretion. We have the right to take any action concerning any User Content that we deem necessary.
We cannot—and do not—guarantee that other users or the content they provide through our Websites or Services will comply with our Terms. We cannot ensure prompt removal of objectionable material after it has been posted and brought to our attention.
Pawsibilities Vet Med is not responsible or liable for any loss or damage caused by comments, materials, or communication provided by any user, member, or third-party. You are responsible for User Content and for any liability that may result from User Content.
5. RULES OF CONDUCT
We have created our Websites, Services and Content to be helpful resources. We believe that most peoplehave the best intentions, but we understand that people do not always fulfill that belief. So, we’ve setsome grounds for our Websites, Services and Content.
CONFIDENTIALITY; INTERACTIONS WITH OTHER USERS AND MEMBERS
Please choose carefully the information and materials you share on our Websites or through our Services. Pawsibilities Vet Med cannot guarantee confidentiality. Any material you post or share on our Websites, through our Services, or in any third-party forums operated by Pawsibilities Vet Med may inadvertently become public. Please do not share any information which may harm your business or personal interests if repeated, copied, or otherwise transmitted or implemented by a third party.
It’s your responsibility to take precautions when sharing any information about yourself with another user, member or anyone else. You are solely responsible for all of your communications and interactions with other users and members.
You agree not to use or disclose any information that you learn about other users or members, unless disclosure is required by law.
You release Pawsibilities Vet Med from any liability that may arise out of your interactions with another user or member.
PROHIBITED ACTIONS
You agree that you will not, either directly or indirectly, do any of the following:
- No Illegal or Unlawful Activity. You must not use Websites, Services or Content for anything
unlawful, illegal, harmful, or fraudulent. - No Violating Another’s Rights. You must not violate the legal rights of others (including any
intellectual property, publicity, or privacy rights). - No Transferring Account. Without our prior written consent, you must not transfer your account
or account information to another party. - No Misuse of Account. You must not create more than one account for yourself, create another
account if we have already disabled your account, attempt to access the Websites, Services and Content through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account. - No Collecting Private Info. You must not collect or store any personally identifiable information from Pawsibilities Vet Med websites from other users or members without their express permission.
- No Damage. You must not use our Websites or third-party websites operated by Pawsibilities Vet Med in any way that may be damaging to our Websites or third-party websites.
- No Harassment. You must not use our Websites or third-party websites operated by Pawsibilities Vet Med to defame, threaten, harass, or offend anyone. We will not tolerate any behavior that offends another person based on race, sexual orientation, religion, gender identity, or disability.
- No Spam or Solicitation. You must not send unsolicited email messages or communications for commercial activities such as advertising, promotional materials, or other forms of solicitation.
- No Bad Code. You must not tamper with or modify our Websites or knowingly send viruses or other disabling features, including by using trojan horse, virus, worm, spyware, or any programming routines that damage or interfere with our Websites or third-party websites operated by Pawsibilities Vet Med.
- No Impersonation. You must not impersonate or misrepresent your affiliation with any person or entity.
- Access or use of our Websites, Services or Content in any way not expressly permitted by these Terms of Service or any other policies Pawsibilities Vet Med makes available in order to maintain the safety of our Websites, Services and Content.
VIOLATING THE RULES OF CONDUCT
If you violate these Rules of Conduct, we reserve the right to remove you and any User Content from the Websites, Services or Content at our sole discretion.
MODIFYING THE RULES OF CONDUCT
We may modify or add to these Rules of Conduct at our discretion.
ADDITIONAL RULES
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on our Websites or a third-party website such as facebook.com or graduway.com, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these Terms of Service.
6. TERMINATION
Pawsibilities Vet Med, in its sole discretion, may suspend or terminate your account and access to all or part of our Websites, Services or Content (a) at any time without notice or (b) if you breach any of these Terms of Service or other Agreements governing your use of the Websites or Services.
If your access is terminated, any User Content you have submitted on or through our Websites, Services or Content will remain stored with Pawsibilities Vet Med and viewable through our Websites, Services or Content.
The restrictions imposed on you in these Terms of Service with respect to our Websites, Services or Content will still apply even after termination by you or Pawsibilities Vet Med. In the event of termination, any provisions of these Terms of Service that by their nature are intended to survive termination will survive.
7. IN-PERSON EVENTS
You knowingly and voluntarily assume all risk or liability that may arise or be incurred with attending and participating in an in-person event, including elements of inherent risk and responsibility for injuries to any person or damages to any property. It is recommended that you secure your own insurance (for example, health and travel) to cover losses caused by your own negligence or the negligence of others in connection with the in-person event(s).
8. U.S. COPYRIGHT INFRINGEMENT CLAIMS
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Pawsibilities Vet Med infringe your copyright, you or your agent may send Pawsibilities Vet Med a notice requesting that the material be removed, or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA will not be considered sufficient notice and will not be deemed to confer upon Pawsibilities Vet Med actual knowledge of facts or circumstances from which infringing material or acts are evident.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Pawsibilities Vet Med a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notice of claims of copyright infringement or counter notices may be sent to contact@pawsibilitiesvetmed.com.
9. DISCLAIMERS
GENERAL EDUCATIONAL PURPOSE ONLY; NOT PROFESSIONAL ADVICE
Our Websites, Services and Content are provided for educational and informational use only. Pawsibilities Vet Med is not licensed to provide legal, financial, tax, or medical advice. Our Services and Content are not intended as a substitute for obtaining advice specific to your circumstances from a qualified financial, legal, or medical professional. Pawsibilities Vet Med disclaims any liability for your reliance on any opinions or advice contained in our Websites, Services or Content.
RESULTS NOT GUARANTEED
Our role is to support and assist you in reaching your goals, but your success depends on you. You agree and understand that individual outcomes will vary. Application of the principles outlined on our Websites, in our Services or Content may vary from person to person, and you accept the risk that your results may differ. Therefore, we cannot and do not guarantee that you will attain a particular result by using our Websites, Services or Content. Pawsibilities Vet Med cannot and does not guarantee any particular financial or business outcomes or other particular results, and you understand that results differ for each individual.
EARNINGS
Every effort has been made to accurately represent our Websites, Services and Content and the educational value they provide. However, there is no guarantee that you will earn any money using the techniques and ideas in these materials. When we present revenue and sales figures on our Websites, in our Services or Content, we are showcasing exceptional results, which do not reflect the average experience. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market.
HEALTH
While our stance on how to grow your veterinary career may impact your work-life balance and, therefore, your overall health, the goal of our Websites, Services and Content is not to provide medical information. You agree that Pawsibilities Vet Med is not licensed to provide health care and does not engage in patient diagnosis or the practice of medicine. You should not self-diagnose or stop taking any medications without speaking to your healthcare provider. You are responsible for your own physical, mental, and emotional well-being.
USE OF TESTIMONIALS AND REVIEWS
Our Websites, Services or Content may reference testimonials, reviews, case studies, or other feedback from others about our Services or Content. Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in our Services or Content.
ERRORS AND CORRECTIONS
Pawsibilities Vet Med does not guarantee that our Websites, Services or Content will be error-free, uninterrupted, or free of viruses. Pawsibilities Vet Med may make improvements, repairs, or changes to our Websites, Services or Content at any time and will try to avoid disrupting peak hours, though some downtime may occur. We will not be liable if, for any reason, all or any part of our Websites, Services or Content is unavailable at any time or for any period.
THIRD-PARTY LINKS AND ADVERTISEMENTS
Our Websites, Services or Content may include links to third-party websites, content, products, or services. Pawsibilities Vet Med is not responsible or liable for any content on those websites. If you access a third-party website, you do so at your own risk. It’s up to you to decide if those websites and theircontent work for you, and we recommend you do your research to find that out. You expressly relieve Pawsibilities Vet Med from all liability arising from your use of any third-party website, content, products, or services.
DISCLOSURE OF AFFILIATE PRODUCTS
We may include content, products or services created by trusted third parties with whom we have developed business relationships. Some of that trusted third-party content, products or services may involve us accepting forms of compensation (e.g., advertising, sponsorships, affiliate links, and free products). We will identify that content as sponsored, paid, affiliate, or co-branded content. However, all opinions expressed on our Websites are our own, and even when we are paid for some content or advertisements, we give our honest opinions or experiences about those products, services or topics. As with any other information provided on our Websites, before you rely or act on any information provided on our Websites, you should verify that information independently, which may involve reaching out to the trusted third party directly.
DISCLAIMER OF WARRANTIES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS:
Your use of the Websites, Services and Content is at your own risk. The information, products, and servicesoffered on or through the Websites, Services or Content are provided on an "AS IS” AND "AS AVAILABLE”basis. To the fullest extent permitted by applicable law, Pawsibilities Vet Med disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, lost employment opportunity, or other violation of rights.
We make no warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Websites, Services or Content. Pawsibilities Vet Med makes no warranties that our Websites, Services or Content will meet your needs; will be uninterrupted, error-free, secure, or free of viruses or other harmful components; or that defects will be corrected. We also make no warranties that the results of using our Websites, Services or Content will be accurate or reliable; or that the quality of any products, services, information, or other material purchased or obtained through your use of our Websites, Services or Content will meet your expectations.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
10. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS:
To the fullest extent permitted by applicable law, Pawsibilities Vet Med and its affiliates, licensors, contractors, employees, agents, officers, or directors (collectively, “Representatives”) will not be liable or responsible for any direct, indirect, incidental, consequential, or punitive damages (including damages from loss of business, lost profits, goodwill, emotional distress, or personal injury), under any legal theory, arising out of or in any way relating to the use of the Websites, Services, Content or any other materials we have made available, or from any communications, interactions or meetings with other users of the
Websites or Services, or other persons with whom you communicate or interact as a result of your use of the Websites or Services, even if Pawsibilities Vet Med and our Representatives have been advised of the possibility of such damages.
The maximum liability of Pawsibilities Vet Med and our Representatives arising from or relating to these Terms of Service is limited to the greater of one hundred dollars ($100) or the actual amount you have paid to Pawsibilities Vet Med in the twelve (12) months before the event giving rise to your claims. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
If you are dissatisfied with any portion of the Websites, Services or Content, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Websites, Services or Content and by using the Websites, Services or Content you acknowledge the sufficiency of this remedy.
11.INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pawsibilities Vet Med, its officers, directors, employees, agents, partners, affiliates, contractors, assigns, and their employees from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising from or in connection with: (a) your use of the Websites, Services or Content in violation of these Terms of Service, (b) any breach by you of these Terms of Service or any representation and warranty made by you herein, (c) any comment, post, or material you submit to the Pawsibilities Vet Med websites or any third-party forum or website operated by Pawsibilities Vet Med, (d) your use of materials or features available in the Websites, Services or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by Pawsibilities Vet Med), or (e) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
12. RESOLVING DISPUTESGOVERNING LAW AND VENUE
These Terms of Service will be governed by and construed in accordance with the laws of the state of North Carolina, without regard to conflicts of laws provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the parties agree to submit to the personal jurisdiction of the state and federal courts in Wake County, North Carolina.
INFORMAL RESOLUTION
For any dispute or claim between you and Pawsibilities Vet Med, you agree first to contact us at contact@pawsibilitiesvetmed.com to attempt to resolve the issue informally. If the issue is not resolved satisfactorily within 30 days after you contact us, we agree to resolve the issue by binding arbitration or otherwise mutually agreed by the parties.
BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A TRIAL BY JURY:
You and we expressly agree that any claim or dispute must be resolved exclusively by arbitration located in Wake County, North Carolina. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA) under their Commercial Arbitration Rules. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator. The parties waive any rights they may have to a jury trial in regard to arbitral claims.
RECOVERY OF ATTORNEY FEES
We shall be entitled to recover our attorneys’ fees and costs in enforcing our rights under these Terms ofService in the event of a violation of our intellectual property rights or other breach of these Terms of Service, whether our rights are enforced through negotiation, mediation, arbitration, or litigation.
13. PRIVACY POLICY; YOUR COMMUNICATIONS WITH US
Please read the Pawsibilities Vet Med Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Pawsibilities Vet Med Privacy Policy is incorporated by this reference into and made a part of these Terms of Service.
You agree that Pawsibilities Vet Med has the right to use your communications, whether in the form of emails, surveys, comments, discussions in forums, social media, coaching calls, or otherwise, in any manner consistent with our Privacy Policy.
14. ADDITIONAL TERMS FOR SPECIFIC SERVICES
Additional terms and conditions listed on Pawsibilities Vet Med websites, third-party websites Pawsibilities Vet Med uses for The Platform such as graduway.com or that are otherwise made available to you may apply to specific services. If you use those services, those additional terms become part of these Terms of Service. If any of the applicable additional terms conflict with these Terms of Service, the additional terms will prevail while you are using the services to which they apply.
15. CHANGES TO THESE TERMS OF SERVICE
We may change, modify, or update these Terms of Service at any time without notice. Any access or use of our Websites, Services or Content by you after Pawsibilities Vet Med posts such changes indicates that you have read, understood, and agreed to the current version of the Terms.
16. INTERNATIONAL USE
Pawsibilities Vet Med controls and operates our Websites and Services from offices in the United States. We make no claims that our Websites or Services are accessible or appropriate outside of the United States. Access to our Websites or Services may not be legal by certain persons or in certain countries. If you access our Websites or Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
17. GENERAL PROVISIONSRELATIONSHIP OF THE PARTIES
No joint venture, partnership, employment, contractor, or agency relationship exists between you and Pawsibilities Vet Med by virtue of your use of our Websites or Services.
FORCE MAJEURE: EVENTS OUTSIDE OF OUR CONTROL
Pawsibilities Vet Med will be excused from performance under these Terms of Service to the extent we are prevented or delayed from performing, in whole or in part, as a result of an event or series of events outside the control of our control, such as an act of God, fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, death, illness, incapacity, epidemic, pandemic, infestation, war, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not), or any other event outside Pawsibilities Vet Med's control (collectively, “Force Majeure Event”). If there is a Force Majeure Event,
Pawsibilities Vet Med will provide notice to you of its inability to perform or delay in performing.
SEVERABILITY
If any provision of these Terms of Service is determined by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect.
WAIVER
The failure of Pawsibilities Vet Med to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision. Any waiver of these Terms of Service must be in writing and signed by an authorized representative of Pawsibilities Vet Med.
ALL RIGHTS RESERVED
Pawsibilities Vet Med reserves all rights not expressly granted in the Terms.
ENTIRE AGREEMENT
These Agreements (i.e., the Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Websites or Services, including the additional terms referenced in Section 16) constitute the entire agreement between you and Pawsibilities Vet Med with respect to the Websites and Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pawsibilities Vet Med with respect to our Websites and Services.
18. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
19. QUESTIONS AND FEEDBACK
We welcome your questions, comments, and feedback. Please send all questions, comments, and feedback to us at contact@pawsibilitiesvetmed.com. Please mark your questions or concerns: Terms of Service Inquiry.
TERMS OF THE PAWSIBILITIES PLATFORM MEMBERSHIP
In addition to the terms set forth in the Website Terms of Use, the following terms apply if you access, participate in or become a member of The Pawsibilities Platform Membership.
The Pawsibilities Platform Membership (“The Platform”) is a professional learning network and onlinementoring program dedicated to increasing the diversity of the veterinary profession through a novel pipeline approach to recruitment and retention.
1. WHO USES THE PLATFORM
The Platform is intended for children 13 to 17 years of age and adults.
- Adults use The Platform as either Mentors, Mentees, Advisors, Participants, or Administrators.
- Children use The Platform as either Mentees or Participants.
“Mentors” are generally the adults paired with children or other adults. Mentors must be at least 18 yearsold or the age of a majority in your jurisdiction.
“Mentees” are children or adults paired with Mentors. A child Mentee must be at least 13 years of age. “Parent(s)” is the parent or guardian of a child 13 to 17 years of age (“Parent”).
“Advisors” are adults who participate in The Platform as speakers, guest experts, coaches, or volunteers.
“Participants” are children or adults who otherwise access, participate in or become a member of ThePlatform for networking or educational opportunities related to careers in veterinary medicine.
“Administrators” includes administrators, coordinators, support staff, or other individuals who aregranted access to The Platform to assist Pawsibilities Vet Med with facilitating The Platform.
Collectively, the Mentors, Mentees, Parents, Advisors, Participants, and Administrators are referred to as(“Member(s)”).
2. MEMBERSHIP AND APPROVAL ELIGIBILITY TO JOIN OR PARTICIPATE
By requesting membership to join or participate in the Platform as a Member, you represent and warrant that:
- You are at least 13 years of age.
- If you are 13 to 17 years of age, your Parent has read, understood, and has the full legal capacity
to accept these Terms of The Pawsibilities Platform Membership and the Website Terms of Use,
and your Parent will supervise your use; - You are directly associated with or trying to access a career within the veterinary profession;
- You are not a convicted sex offender;
- You have not been convicted of a crime against a minor, including but not limited to child abuse,
sexual acts, and pornography; - You will not use our Websites or Services to harm a minor in any way;
- You understand that you will be subject to whatever screening is required by Pawsibilities Vet
Med, which may include inquiries into your background; - You understand that Pawsibilities Vet Med does not guarantee your acceptance to be part of The
Platform; - You understand it is your responsibility to take reasonable precautions in all interactions with
Members of The Platform; and - Your age, identity, skills, and background are accurately represented in your application.
APPROVAL
When you request membership in The Platform, you are making an offer to join The Platform.
All membership requests are subject to approval by Pawsibilities Vet Med. Pawsibilities Vet Med, in its sole discretion, may approve, deny or terminate membership or participation in The Platform.
At this time, we do not require payment for membership in The Platform. We reserve the right to require payment for membership and will notify you of any changes.
BACKGROUND CHECK
You will be subject to a background check when you apply to be a Member. You represent and warrant that any and all information you provide to us during the application process is true and accurate. You hereby grant us express consent to use such information to perform the background check in accordance with our Privacy Policy.
PARENT SUPERVISION OF CHILD’S ACCOUNT
The Parent is responsible for all use of the account, including to protect the confidentiality of account information and passwords. If we learn that we have collected personal information directly from a child under age 13, we will delete that information as quickly as possible. If a parent or guardian becomes aware that their child has provided us with information without their consent, please contact us at contact@pawsibilitiesvetmed.com.
3. MENTOR PROHIBITIONS
If you are a Mentor or have applied to be a Mentor, then you also agree to the following additional terms.
RELATIONSHIP OF THE PARTIES
After you have been granted the Mentor status, you may be paired with certain other user(s) of The Platform who have consented to receive advice from you and who you may consider as your Mentee. As a volunteer Mentor, you are still an independent user of The Platform and are not deemed in any way personnel or employees of Pawsibilities Vet Med. Nothing should be deemed to create any employment, contractor, agent or other affiliate relationship between you and Pawsibilities Vet Med. You are not allowed to make any representation or statement on behalf of, or in any manner that may be interpreted as being made on behalf of, Pawsibilities Vet Med. During the course of using The Platform as a Mentor, you may voluntarily provide advice or information to your Mentees, in your own, individual capacity. Any such advice or information is provided on your own behalf, and does not represent any advice or view of Pawsibilities Vet Med.
INTERACTIONS ONLINE AND IN-PERSON
When interacting with your Mentees through The Platform, whether online or in-person, you agree to comply with all guidelines and requirements provided by Pawsibilities Vet Med to you. You will not present any false, misleading or inappropriate information and will not engage in any illegal or inappropriate behaviors. You are not allowed to charge any fees to your Mentees, or ask for any monetary compensation for providing any information, advice or Mentorship to your Mentees. You are not allowed to have any conversations deemed inappropriate, harass, stalk, or threaten your Mentees, such actions will result in termination of your Mentor status and all affiliations you have with Pawsibilities Vet Med.
You will respect the privacy of the individuals with whom you interact and will not share with any third parties their information or stories without first obtaining express consent from Pawsibilities Vet Med and the individuals.
CURRICULUM
Members of The Platform may have access to certain curriculum, course materials, and other content(collectively “Curriculum”) developed or licensed by Pawsibilities Vet Med. Pawsibilities Vet Med and itslicensors retain all ownership rights including all associated intellectual property rights in and to the Curriculum. If you are provided with access to the Curriculum, you may use it only for the purpose of The Platform. You will not store, copy, reproduce, modify, distribute or otherwise exploit the Curriculum unless you have first obtained express written consent from Pawsibilities Vet Med.
MENTOR RULES
Mentors are prohibited from the following actions during the course of their volunteer commitment, if they are currently associated with Pawsibilities Vet Med, or if the Mentee is currently affiliated with Pawsibilities Vet Med as a Mentee. Mentors are not allowed to have dating or sexual relationships with child Mentees. Mentors are not allowed to transport a child Mentee in their vehicle unless permission was granted by Pawsibilities Vet Med Directors or employees. Mentors should never allow a child Mentee to ride alone in a Mentor’s car. Mentors must always meet child Mentees in public locations such as his/her school, a public library, a public coffee shop, or a college campus. Mentors should never meet a child Mentee alone in private, in non-public spaces. Pawsibilities Vet Med does not take any responsibility by any parties in the event that Mentors have violated these rules. Pawsibilities Vet Med will comply with law enforcement authorities or governmental entities.
4. JOB BOARD
USE OF THE JOB BOARD
The job posting and employment search features (“Job Board”) of The Platform may be used only byindividuals seeking employment and/or career information and by employers seeking employees.
Employers are solely responsible for their postings on the Job Board. Pawsibilities Vet Med is not to be considered to be an employer with respect to your use of The Platform, the Job Board or any Pawsibilities Vet Med Websites. Pawsibilities Vet Med shall not be responsible for any employment decisions, for whatever reason, made by any individual or entity posting jobs on The Platform, the Job Board or any Pawsibilities Vet Med Websites.
You agree that you will not
- use Job Board profiles, User Content or Member account information to determine a consumer’s
eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment;
or (c) a government license or benefit; - post any resume or profile or apply for any job on behalf of another party;
- defer any contact from an employer to any agent, agency, or other third party; or
- use the Job Board for any unlawful purpose or any illegal activity, or post or submit any content,
resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Pawsibilities Vet Med’s discretion.
ADDITIONAL TERMS APPLICABLE TO EMPLOYERS
Businesses and individuals posting jobs are responsible for ensuring their posts comply with applicable laws, statutes, and regulations. We reserve the right to reject, approve, or remove any job post for any reason at any time, in our sole discretion.
Submitting a job posting (Approval, Payments and Refunds):
All Businesses and individuals wanting to post a job, must first contact Pawsibilities Vet Med by sending an email to contact@pawsibilitiesvetmed.com. Pawsibilities Vet Med must approve your job posting. Also, payment may be required before we post your job. You agree to pay any applicable fees.
If paying by debit card or credit card, you give Pawsibilities Vet Med permission to automatically charge your credit or debit card for all fees and charges due and payable to Pawsibilities Vet Med, without any additional authorization, for which you will receive an electronic receipt. You also agree that Pawsibilities Vet Med is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Unless otherwise provided by law, all purchases for goods or services of any kind are final and non- refundable. Since Pawsibilities Vet Med has a clear and explicit Refund Policy that you have agreed to prior to completing your purchase, Pawsibilities Vet Med does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase, or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
A Job posting may not contain:
- any hyperlinks, other than those specifically authorized by Pawsibilities Vet Med;
- misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Pawsibilities Vet Med’s
reasonable discretion; - the names, logos or trademarks of unaffiliated companies other than those of your customer save
where expressly agreed by Pawsibilities Vet Med; - the names of colleges, cities, states, towns or countries that are unrelated to the posting;
- more than one job or job description, more than one location, or more than one job category,
unless the product so allows; - inaccurate, false, or misleading information; and
- material or links to material that exploits people in a sexual, violent or other manner.
You may not use your Pawsibilities Vet Med job posting, the Job Board profiles, User Content or Member account information to: - post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
- with respect to Job Board profiles, User Content or Member account information, determine a
consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii)
employment; or (iii) a government license of benefit. - post jobs or other advertisements for competitors of Pawsibilities Vet Med or post jobs or other
content that contains links to any site competitive with Pawsibilities Vet Med; - sell, promote or advertise products or services;
- post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing
opportunity, or sales representative agency arrangement; - post any business opportunity that requires an up front or periodic payment or requires
recruitment of other members, sub-distributors or sub-agents; - post any business opportunity that pays commission only unless the posting clearly states that
the available job pays commission only and clearly describes the product or service that the job
seeker would be selling; - promote any opportunity that does not represent bona fide employment which is generally
indicated by the employer’s use of IRS forms W-2 or 1099; - post jobs on any Pawsibilities Vet Med Site for modeling, acting, talent or entertainment agencies
or talent scouting positions; - advertise sexual services or seek employees for jobs of a sexual nature;
- request the use of human body parts or the donation of human parts, including, without
limitation, reproductive services such as egg donation and surrogacy; - endorse a particular political party, political agenda, political position or issue;
- promote a particular religion;
- post jobs located in countries subject to economic sanctions of the United States Government;
and - except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (a) racial or ethnic origin, (b) political beliefs, (c) philosophical or religious beliefs, (d) membership of a trade union, (e) physical or mental health, (f) sexual life, (g) the commission of criminal offences or proceedings, or (h) age.
If at any time during your use of The Platform, you made a misrepresentation of fact to Pawsibilities Vet Med or otherwise misled Pawsibilities Vet Med in regards to the nature of your business activities, Pawsibilities Vet Med will have grounds to terminate your use of The Platform.
You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from Pawsibilities Vet Med, including saved jobs, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Pawsibilities VetMed’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Pawsibilities Vet Med’s web servers.
In order to protect our Members from commercial advertising or solicitation, Pawsibilities Vet Med reserves the right to restrict the number of emails which an employer may send to Members to a number which Pawsibilities Vet Med deems appropriate in its sole discretion. You shall use the Job Board in accordance with all applicable privacy and data protection laws.
ADDITIONAL TERMS APPLICABLE TO JOB SEEKERS
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material placed by you on the Job Board. Please see Pawsibilities Vet Med’s Privacy Policy, for further details regarding your Information.
You understand and acknowledge that if you cancel your account for The Platform or Pawsibilities Vet Med terminates your account for The Platform, all your account information from Pawsibilities Vet Med, including jobs, profiles, questionnaires will be marked as deleted in and may be deleted from Pawsibilities Vet Med’s databases and will be removed from any public area of The Platform. Information may continue to be available for some period of time because of delays in propagating such deletion through Pawsibilities Vet Med’s web servers. In addition, third parties may retain saved copies of your Information.
Pawsibilities Vet Med reserves the right to delete your account and all of your Information after a significant duration of inactivity.
PAWSIBILITIES VET MED’S LIABILITY
The Job Board on The Platform acts as, among other things, venues for employers to post job opportunities and search for and evaluate job candidates. Pawsibilities Vet Med is not involved in, and does not control, the actual transaction between employers and candidates. As a result, Pawsibilities Vet Med is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Pawsibilities Vet Med makes no representations about any jobs, resumes or User Content on The Platform. While Pawsibilities Vet Med reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from The Platform from time to time, Pawsibilities Vet Med does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
5. WE DO NOT ALLOW UNAUTHORIZED COMMERCIAL ACTIONS
This means no pitching, selling or promoting other products, services, groups, programs, or events to other Members of The Platform. You agree not to engage in job recruitment activities whether the position is paid or not, without the prior written consent of Pawsibilities Vet Med. The Platform is a “pitch-free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to other Members on our Websites or any social media group or The Platform Members, whether or not officially sanctioned, owned, or operated by Pawsibilities Vet Med.
This means you agree not to form, or ask other Members to join, “shadow” groups based on interests orlocality. You agree not to invite other Members to participate in events, such as a race, seminar, or athletic competition, without first receiving approval from Pawsibilities Vet Med. You agree not to market, promote, or sell products or services such as financial services, coaching services, or other products or services, to other Members, unless you are authorized or requested to do so by Pawsibilities Vet Med.
6. NOCONFIDENTIALITY
You understand that given the group format of The Platform, information provided or shared with the Pawsibilities Vet Med or other Members, whether in the form of comments, discussions in forums, social media comments, coaching calls, webcasts, or otherwise are not confidential.
7. YOUR CONDUCT
You agree to abide by the Rules of Conduct in these Terms of Service and other rules posted in The Platform community. Generally, you agree to conduct yourself in a dignified and professional manner and will not engage in any activity detrimental to the health, safety and welfare of other Members. You acknowledge and agree that Pawsibilities Vet Med reserves the right to remove you from The Platform without reimbursement or liability if Pawsibilities Vet Med, in its sole discretion, determines that your behavior creates a disruption or hinders the enjoyment, safety or well-being of other Members.
Pawsibilities Vet Med is not responsible for the conduct of any Member, whether online or in-person. In no event will Pawsibilities Vet Med and its affiliates, licensors, contractors, employees, agents, officers, or directors (collectively, “Representatives”) be liable or responsible for any direct, indirect, incidental, consequential, or punitive damages, arising out of or relating to the conduct of you or anyone else in connection with the use of The Platform including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through The Platform.
If You have a dispute with one or more of our Members, you release Pawsibilities Vet Med and its Representatives from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
8. HOSTING THE PLATFORM
Pawsibilities Vet Med uses Graduway for hosting and operating The Platform. Please see Graduway’s Terms of Use for more information. When requesting membership for The Platform, you may be directed to Graduway. Platforms like Graduway are constantly changing, so we may transfer your access to a different platform from time to time, or suspend platform access entirely, in which case we hope, but cannot guarantee, we can provide you with 30 days prior notice.